![]() ![]() In that way, all concerned with injury case pain and suffering evaluation can have more and relevant information with which to make educated settlement and trial decisions. Worse yet: the appellate court cases often cite as support (for their rulings increasing or decreasing a jury award) cases that do not even deal with or discuss the injuries in the pending case.Īs readers of this blog know, it is our aim to fill these voids as much as possible by digging into these cases, to find out - from appellate briefs, trial transcripts, trial court motions and the like - exactly what it was that happened to the injured plaintiff. Add to that the fact that appellate court decisions routinely fail to advise the readers of the precise injuries or the disabilities suffered. The jury’s pain and suffering award will be deemed excessive or inadequate "if it deviates materially from what would be reasonable compensation."ĬPLR 5501 is not much of a guide for injured persons or their attorneys.The standard, as we have previously discussed here and here, is simply this as set forth in CPLR 5501: The Keating and Bello cases are important in evaluating the upper limits of lower leg pain and suffering verdicts and settlements however, it’s also important to appreciate that juries can award much lower amounts that will be sustained and that the appellate courts are not forced to modify up or down jury verdicts that to the litigants seem too low or too high. Vidal also had ugly scarring from the accident, a permanently curved leg and a limp that would only get worse over the course of his entire life. Here’s what his leg looked like with the intramedullary rod in place: By the time of trial, Vidal had already suffered through eight surgical procedures including external fixation, grafting and placement of an intramedullary rod. New York City Transit Authority, a jury’s $1,500,000 verdict for pain and suffering ($750,000 past, $750,000 future) was upheld for Vidal Bello, a boy who was seven years old when he was struck by a moving bus that then rolled over his leg resulting in open tib-fib fractures as well as a degloving injury to that leg (i.e, the skin was torn away, or avulsed). In another recent appellate case, Bello v. Keating underwent showing how the rod is placed down into the tibia: Here’s an intraoperative (during surgery) illustration of the type of open reduction internal fixation ("ORIF") surgery that Ms. The jury awarded her a whopping $12,000,000 for her pain and suffering ($5,000,000 past, $7,000,000 future) but those amounts were reduced by the trial judge to the amounts then sustained this month by the appellate court. Keating’s fractures did not heal (non-union), causing her significant pain and leaving her with severe scarring. The Manhattan jury was also told of the fact that Ms. She sustained an open fracture of her tibia and a fracture of her fibula, requiring six surgical procedures performed over the course of three years, including external fixation and internal fixation, as well as skin, muscle and nerve grafts. SS&R Management Co., Lori Keating was a passenger in a taxi that was struck by another car. ![]() And when severe, the fibula (the long, thin lateral or outside bone of the lower leg) is also fractured – thus the term tib-fib fractures.Īn appellate court in New York has just upheld a $1,100,000 jury verdict for a 45 year old woman’s pain and suffering ($500,000 past, $600,000 future) for fractures of her tibia and fibula. Several types of fractures can occur, ranging from the hairline stress fractures common in runners to severe open fractures (where the skin is broken) often resulting from motor vehicle accidents. A broken or fractured tibia (the shin bone) is the most common long-bone injury. ![]()
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